HIPAA

$2.5M settlement shows that not understanding HIPAA requirements creates financial risk

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR), recently announced a Health Insurance Portability and Accountability Act (HIPAA) settlement based on the impermissible disclosure of unsecured electronic protected health information (ePHI).  In 2012, CardioNet, a company that remotely monitors patients at risk for cardiac arrhythmias, reported to the HHS Office […]

Healthcare providers’ risk of data breach

By Scott Chase and Catherine Parsley Healthcare providers receive, collect, and store vast quantities of sensitive personal health information (“PHI”) from their patients. However, only half of providers responding to a recent survey said that they are prepared to respond to cyber-attacks.  Attacks and other security breaches can have far-reaching effects for providers and their […]

Farrow-Gillespie & Heath LLP - Health Care Law

HIPAA and business associates

HIPAA-covered entities and their business associates are facing increased obligations to securely maintain and handle protected health information.A health care entity subject to HIPAA rules must ensure that its contracts with a business associate that may receive protected health information include statutorily required assurances that the business associate will appropriately safeguard the information. That is, in a vendor […]

Farrow-Gillespie & Heath LLP - Health Care Law

What is HIPAA?

HIPAA, HITECH, and state laws all impact the responsibilities of health care providers and their business associates regarding the treatment and disclosure of confidential medical and health records. HIPAA, HITECH, and state laws all impact the responsibilities of health care providers and their business associates regarding the treatment and disclosure of confidential medical and health […]

HIPAA violation creates lawsuit claim

While HIPAA does not in and of itself create a private cause of action, a growing body of cases in both federal and state courts outside of Texas suggests that a HIPAA violation causing clear harm to a plaintiff may support a lawsuit by providing grounds for some other private claim.  Plaintiffs who have shown […]

Farrow-Gillespie & Heath LLP - Health Care Law

$150,000 Fine for HIPAA Violation

The U.S. Department of Health and Human Services, Office for Civil Rights (HHS-OCR), has recently entered into another HIPAA settlement, emphasizing yet again the government’s focus on the HIPAA Security Rule.  The settlement highlights that health care entities cannot merely adopt HIPAA policies but that they must actually implement and follow those policies in practice […]